Green Trees

Timber Ridge Condominium By-Laws

 

SCHEDULE O

ARTICLE I

PLAN OF UNIT OWNERSHIP

 

Section 1. Unit Ownership. The property on the east side of Armonk Road, near the juncture of Armonk Road and Bedford Road in the Village of Mount Kisco, County of Westchester, State of New York (hereinafter called the "Property") has been submitted to the provisions of Article 9-B of the Real Property Law of the State of New York by the Declaration recorded in the Office of the County Clerk of Westchester, Division of Land Records, simultane­ously herewith. The Condominium thereby created shall hereinafter be known as "Timber Ridge Condominium" (hereinafter called the "Condominium").  As defined in the Declaration the term "Units" includes Townhouse Units, attached Garage Units, or detached Garage Units, or Garage Under Units.

 

Section 2. Applicability of By-Laws. The provisions of these by-laws are applicable to the property of the Condominium and to the use and occupancy thereof. The term "Property" as used herein shall include the Land, the Buildings and all other improvements thereon, (including the Units and Common Areas) owned in fee simple absolute and all easements, rights and appurtenances belonging thereto, as well as all other property, real, personal or mixed, intended for use in connection therewith, all of which are intended to be submitted to the provisions of Article 9-B of the Real Property Law of the State of New York.

 

Section 3. Application. All present and future owners, mortgagees, lessees and occupants of Units and their employees, and any other persons who may use the facilities of the Property in any manner, are subject to these By-Laws, the Rules and Regula­tions and the provisions of the Declaration. The acceptance of a Deed of Conveyance or the entering into of a lease or the Act of Occupancy of a Unit shall constitute an agreement that these By-Laws, the Rules and Regulations and the provisions of the Declaration, as they may be amended from time to time, are accepted, ratified, and will be complied with.

 

Section 4. Unit Ownership.  As defined in the Declaration, each separate numbered unit is defined as:

 

A. Residential Unit: 

1. Each unit owner owns, and is responsible for the vertical area bounded by the upper surface of the concrete slab in the basement to the exterior surface of the sheetrock at the base of the roof structure.  The horizontal area is defined as the exterior surface of the sheet rock on all opposite walls within the vertical definitions.

 

2. Doors and windows of a unit are a part of the unit, and the responsibility of the unit owner to maintain, repair and replace. 
Internal plumbing, electrical, heating elements within the units, as well as air-conditioning equipment, which may be located outside of the unit, are the unit owner’s responsibility to maintain, repair and replace.

 

3. Excluded are any pipes, wires, ducts, and conduits that serve multiple units or common elements, which belong to the Condominium. 

 

 B. Garage Unit:


1. The unit is defined as the space between the upper surface of the concrete slab, to the lower face of the ceiling, and bounded by the interior faces of the wall studs and the exterior surface of the garage door.

 

Section 5.  Common Elements: As defined in the Declaration:

The Land, including the portions of the land on which all of the buildings and garage units are       located, as well as all lawns, gardens, sitting areas, walks, roads, driveways, etc.

 

All foundations, columns, girders, beams, supports, those portions of the exterior walls beyond the outside face of the drywall enclosing the unit, as well as those portions of the walls and partitions dividing separate units.

 

Installations outside the Units for services such as power, oil, sewage, telephone, water, and drainage.

 

All other apparatus and installations necessary for common use, maintenance or safety. Community recreation facilities, including the swimming pool and tennis court.

 

Limited common elements: stairways, terraces, and decks, which are directly accessed from the interior of a unit, although owned by the community, are reserved for the exclusive use of the unit owner.

 

 

ARTICLE II

BOARD OF MANAGERS

 

 

Section 1. General.  The affairs of the Condominium shall be governed by a Board of Managers consisting of five Unit Owners, who shall be elected by the Unit Owners or appointed, as per Article II, Section 5.

 

Section 2. Powers and Duties. The Board of Managers shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts and things except as by law or by the Declaration or by these By-Laws may not be delegated to the Board of Managers by the Unit Owners. Such powers and duties of the Board of Managers shall include but shall not be limited to the following:

 

 (a) The Board of Managers shall establish an annual budget for the operation and maintenance of the Condominium and report it to the Unit Owners.
(b) Unit Owners shall be responsible for that share of the Common Expenses as the percentage of their Ownership in the Common Areas is reflected in Schedule C of the Declaration.

(c) Operation, care, upkeep, and maintenance of the Common Areas.

(d) Determination of the Common Expenses required for the affairs of the Condominium including, without limitation, the operation and maintenance of the Property.
(e) Collection of the Common Charges from the Unit Owners.
(f) Employment and dismissal of the personnel necessary for the maintenance and operation of the Common Areas and facilities.
(g) Adoption and amendment of Rules and Regulations covering the details of the operation and use of Property.
(h) Opening of bank accounts on behalf of the Condominium and designating the signatories required therefore.
(i) Purchasing or leasing or otherwise acquiring in the name of the Board of Managers, or its designee, corporate or otherwise, on behalf of all Unit Owners, Units or other interest in property offered for sale or lease or surrendered by their Owners to the Board of Managers.
(j) Purchasing of Units at foreclosure or other judicial sales in the name of the Board of Managers, or its designee, corp­orate or otherwise, on behalf of all Unit Owners.
(k) Selling, leasing, mortgaging (but not voting the votes appurtenant to) or otherwise dealing with Units acquired and sub­leasing Units leased by the Board of Managers or its designee, corporate or otherwise, on behalf of all Unit Owners.
(l) Organizing corporations to act as designees of the Board of Managers in acquiring title to or leasing of Units or other interests in property on behalf of all Unit Owners.
(m) Obtaining and maintaining necessary insurance for the Property including the Units.
(n) Making of repairs, additions and improvements to or alterations of the Property and repairs to and restoration of the Property in accordance with the provisions of these By-Laws after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings.
(o) The Board of Managers shall have the power to enforce obligations of the Unit Owners, to allocate profits and expenses, and to do anything and everything else necessary and proper for the sound management of the Condominium.
(p) The Board of Directors may delegate to the Manager or Managing Agent such powers as may be necessary to carry out the function of the Board of Managers. The Board of Managers may not delegate to the Managing Agent the powers set forth in Section 2, Paragraphs (a), (d), (g), (i), (j), (k), (l), (m) and (q).

(q) Expenses incurred in leasing or otherwise acquiring the right to use, either exclusively or in common with others, recreational areas or other facilities for the benefit of Unit Owners.
(r) Granting of licenses over the common areas.
(s) Enforcing by appropriate legal means the provisions of Article 9-B of the Real Property Laws of the State of New York, the Declaration, By-Laws and Rules and Regulations.
(t) Establishing a reserve fund in an amount deemed to be in the best interest of condominium for maintenance, improvements, replacements, working capital, bad debts, depreciation and obsoles­cence.  The Board must have a long-term plan for anticipated projects, including, but not limited to roofs, road paving, painting, pool, and tennis court resurfacing.  The Board must allocate sufficient money to the reserve fund, each year, based on the long-term planning estimates for the anticipated projects.
(**)The power to establish a reasonable schedule of fines, for violations of the By-laws or of the Rules and Regulations, and to amend the schedule, as needed.
(u) The power to levy fines against the Unit Owners for violation of the By-laws or of reasonable rules and regulations established by it to govern the conduct of Unit Owners. Each day a violation con­tinues after notice, it shall be considered a separate violation Collection of fines may be enforced against the Unit Owner or Unit Owners involved as if the fine were a common charge assessed with respect to and payable by the particular Unit Owner or Unit Owners.

 “(v)  Notwithstanding any other provisions of the Declaration or By-Laws, the Board of Managers shall have the right to engage the services of, and incur expenses for an attorney in accordance with the following:

 

1. For the purpose of enforcing the Declaration, the By-Laws and Rule and Regulations;

2. In an aggregate amount not to exceed $10,000 per calendar year, in 2007; and

3. The $10,000 amount, in “2” above is for calendar year 2007.  That amount is to be adjusted, annually, by the consumer price index.

4. For the purpose of defending a suit brought against the Board of Managers or a member of the Board of Managers in his capacity as a manager or in his individual capacity for suits in connection with the good faith performance of his duties as a member of the Board of Managers, except that with respect to suits brought by unit owners, as aforesaid, in the event said unit owner shall be liable and shall reimburse the Board of Managers on behalf of the condominium for all costs and expenses incurred in connection with the defense of such suit.  This provision shall be effective retroactively to any actions commenced after September 1, 1983.  Such expenses to be reimbursed shall be treated as common charges and the Board shall have the right to collect such monies from said unit owner in the same manner as common charges hereunder.

 

“The Board of Managers may not otherwise engage the services of, or incur expenses for an attorney without the approval of a majority interest as set forth in Schedule C.  Such vote, in person or by proxy, is to be taken at an annual or special meeting called for such purpose; all in accordance with the By-Laws as hereinafter set forth.”

 

 

Section 3. Election and Term of Office:  The Board of Managers will be composed of five unit owners.  Each elected member of the Board will be elected to serve a term of two years.  The term will begin immediately after the election at the Annual Meeting.  On alternating years, two (2) or three (3) managers shall be elected.

In any vote for a new Board of Managers, each Unit shall have one (1) vote (each vote being weighted based on percentage of Ownership of the Common Areas as defined in Article VIII of the Declaration) for each position to be filled.  A majority vote for a Manager is to be determined in the manner set forth in the defini­tions of the Declaration appended hereto.
At each Annual Meeting, Members of the Board of Managers shall be elected by ballot of the Unit Owners in accordance with these By-Laws.

 

Section 4. Removal of Members of the Board of Managers. Managers may be removed with or without cause by an affirmative vote of a majority of the Unit Owners at any duly held regular or special meeting of Unit Owners. No Manager shall continue to serve on the Board if, during his term of office, he shall cease to be a Unit Owner.  Each such person elected shall become a Member of the Board of Managers for the remainder of the term of the person so removed.

 

Section 5. Vacancies. Vacancies in the Board of Managers caused by any reason other than the removal of a Member thereof by a vote of the Unit Owners shall be filled by a majority of the remaining Members at a special meeting of the Board of Managers held for that purpose promptly after the occurrence of any such vacancy, even though the Members present at such meeting may constitute less than a quorum, and each such person so elected shall be a Member of the Board of Managers to serve the remaining term.

 

Section 6. Compensation. No Member of the Board of Managers shall receive any compensation from the Condominium for acting as a Manager.

 

Meetings of the Board of Managers will comply with the spirit of the “Sunshine Laws” that govern meetings of elected officials of NYS Villages.  All business, except for certain issues that involve a Unit Owner’s privacy, personnel, or current or potential legal action, among other things, must be conducted in the open.

 

 Regular Meetings:  The Board of Managers will hold at least ten monthly meetings per year, at such time and place as shall be determined, from time to time by a majority of the Members of the Board. Oral or written notice of regular meetings of the Board of Managers shall be given to each member of the Board of Managers by telephone, mail, or e-mail, at least three business days prior to the day of the meeting. 


Special meetings of the Board of Managers may be called by the President on three (3) business days notice to each member of the Board of Managers, given by telephone, mail or e-mail, which notice shall state the time, place and purpose of the meeting. The President or the Secretary shall call special meetings of the Board of Managers in like manner and on like notice on the written request of at least two (2) members of the Board of Managers.
Unit owners may attend the open session of meetings of the Board of Managers, but not the executive session.  The Board shall give advance notice to all owners as to the date, time and location of these sessions.  The unit owners attending these sessions may be allowed to speak, at the discretion of the president, but have no voting rights.  Space limitations may require the president to limit the number of unit owners in attendance and to request advance notice.

 

Section 8. Quorum of Board of Managers. At all meetings of the Board of Managers, three Board members shall con­stitute a quorum for the transaction of business.  Three concurring votes are required to constitute the decis­ion of the Board of Managers. If at any meeting of the Board of Managers there shall be less than a quorum present, a majority of those present may adjourn the meeting. At any such adjourned meeting, at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 

 

Section 9. Election of Officers. The First Meeting of the Board of Managers, following the Annual Meeting of the Unit Owners, shall be held immediately after the adjournment of the Annual Meeting, at the place of the Annual Meeting, and no notice shall be necessary to the newly elected Members of the Board of Managers, in order legally to constitute such Meeting, providing a majority of the whole Board of Managers shall be present thereat.  At the First Meeting, the Board shall elect a President and Vice President, each of whom must be a member of the Board of Managers, and a Secretary and Treasurer, each of whom is not required to be a member of the Board of Managers.  The same person may not serve as both President and Secretary. The offices of Secretary and Treasurer may be held by the same person.

 

a. The President shall be the Chief Executive Officer of the Condominium. He presides at all meetings of the Unit Owners and the Board of Managers, and shall hold the general powers and duties which are incident to the office of a President of a stock corpora­tion including, but not limited to, the power to appoint such committees from among the Unit Owners from time to time as he may decide, at his discretion, are appropriate to assist in the conduct of the affairs of the Condominium.

b. The Vice President shall take the place of President or perform his duties whenever the President shall be absent or unable to act.

c. The Secretary shall keep the minutes of all meetings of the Unit Owners and the Board of Managers shall have charge of such books and records as the Board of Managers may direct. He shall perform, in general, all the duties incident to the office of a secretary of a stock corporation.

d. The Treasurer shall have the responsibility to oversee the Condominium funds and securities, review, at least quarterly, the Financial Records and Books of Account belonging to the Condo­minium and kept by the Managing Agent. He shall perform, in general, all the duties incident to the office of Treasurer of a corporation organized under the laws of the State of New York.   All agreements, contracts, leases, deeds, checks and other instru­ments of the Condominium shall be executed by any two officers of the Condominium or by such persons as may be designated by the Board of Managers.

e. No officer shall receive compensation from the Condominium for acting as such an officer.
f. Upon the affirmative vote of a majority of the members of the Board of Managers, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Managers or at any special meeting of the Board of Managers called for such purpose.
g. All agreements, contracts, leases, deeds, checks and other instru­ments of the Condominium shall be executed by any two officers of the Condominium or by such persons as may be designated by the Board of Managers.

 

Section 10. Liability of the Board of Managers. The members of the Board of Managers shall not be liable to the Unit Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Unit Owners shall indemnify and hold harmless each of the members of the Board of Managers against all contractual liability to others arising out of contracts made by the Board of Managers on behalf of the Condo­minium, unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration of this Condominium or of these By-Laws. It is intended that the members of the Board of Managers shall have no personal liability with respect to any contract made by them on behalf of the Condominium. It is also intended that the liability of any Unit Owner arising out of any contract made by the Board of Managers or, out of the aforesaid indemnity in favor of the members of the Board of Managers, shall be limited to such proportion of the total liability thereunder as his interest in the Common Elements bears to the interest of all the Unit Owners in the Common Elements. Every agreement made by the Board of Managers, or by the Managing Agent or by the Manager, on behalf of the Condominium shall provide that the members of the Board of Managers, or the Managing Agent or the Manager, as the case may be, are acting only as agent for the Unit Owners and shall give no personal liability thereunder (except as Unit Owners) and that each Unit Owner's liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Common Elements bears to the interest of all Unit Owners in the Common Elements.

 

ARTICLE III

UNIT OWNERS

 

Section 1. Annual Unit Owners’ Meeting. The Annual Meeting shall be held on or about the anniversary of the previous Annual Meeting, each succeeding year. Members of the Board of Managers shall be elected by ballot of the Unit Owners at such meetings, in accord­ance with the requirements of Article II of these By-Laws. The Unit Owners may also transact such other business of the Condominium as may properly come before them.

 

Section 2. Place of Meeting. The meetings of the Unit Owners shall be held a suitable place, convenient to the Unit Owners, as desi­gnated by the Board of Managers.

 

Section 3. Special Meeting. It shall be the duty of the President to call a special meeting of the Unit Owners, as directed by a resolution of the Board of Managers, or upon petition signed and presented to the Secretary by not less than a majority of all Unit Owners. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice.

 

Section 4. Notice of Meeting. The Secretary shall mail a notice for each Annual or Special Meeting of the Unit Owners at least seven (7), but not more than thirty (30) days prior to such meeting, stating the purpose thereof as well as the time and place where it is to be held. Such notice shall be mailed to each Unit Owner of record at the building in which the Unit is situated or at such other address as such Unit Owner shall have designated by notice in writing to the Secretary. The mailing of notice of meet­ing in the manner herein shall be considered service of notice.

 

Section 5. Quorum.  Except as otherwise provided herein, the presence, in person or by proxy, of Unit Owners having a majority of the total authorized votes of all Unit Owners shall constitute a quorum, at all Meetings of the Unit Owners.  If at any meeting of the Unit Owners there is not a quorum present, a majority of the Unit Owners who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the date the original meeting was held.

 

Section 6. Conduct of the Meetings. The order of business at all meetings of the Unit Owners shall be as follows:

 

1.   Calling of the roll and certifying the proxies.
2.   Proof of notice of meeting or waiver of notice.
3.   Reading of Minutes of preceding meeting.
4.   Report of Officers.
5.   Report of Board of Managers.
6.   Reports of Committees.
7.   Elections of Inspectors of Election (when so required)
8.   Election of Members of Board of Managers (when so required)
9.   Old business.
10. New business.
11. Adjournment.
At all meetings of the Unit Owners and Board of Managers, Robert's Rules of Order shall be followed.

 

Section 7. Title to Units. Title to Units may be taken in the name of an individual or in the name of two or more persons, as Joint Tenants or Tenants by the Entirety or Tenants in Common or in the name of a corporation, partnership, or a fiduciary.

 

Section 8. Voting. The Owner or Owners of each Unit, or some person designated by such Owner or Owners to act as proxy on his or their behalf and who need not be an Owner, shall be entitled to cast the vote appurtenant to such Unit at all meetings of Unit Owners. The designation of any proxy shall be made in writing to the Secretary and shall be revocable, at any time, by written notice to the Secretary by the Owner or Owners so designating, by the Unit Owner’s appearance and request at a Meeting or by the designation of another proxy.  If any Owner designates more than one proxy, the designation with the latest date shall prevail. Any or all such Owners may be present at any meeting of the Unit Owners. The Owners of each shall be entitled to cast one vote for each .0001% of interest in the Common Elements attributable to the Unit or Units owned by him on all matters put to a vote at all meetings of Unit Owners.  All such votes will be weighted so that the vote from each two-bedroom unit, as originally constructed, will equal 1.886% of the total authorized votes, and the vote from each three-bedroom unit, as originally constructed, will equal 2.216% of the total authorized votes.  If Units are owned by more than one person as Tenants by the Entirety, Joint Tenants or as Tenants in Common, the persons owning said Unit shall agree among themselves and cast the votes for their Unit. A fiduciary shall be the voting member with respect to any unit in a fiduciary capacity. Any Unit or Units owned by the Board of Managers or its designee shall not be entitled to a vote.

 

Section 9. Majority of Unit Owners. As used in these By-Laws the term “Majority of Unit Owners” shall mean those Unit Owners having greater than 50% of the total authorized votes of all Unit Owners present, in person or by proxy, and voting at any meeting of the Unit Owners, determined in accordance with provisions of Section 7 of this Article III.

 

Section 10. Majority Vote. The vote of a majority of Unit Owners at a meeting at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except where in the Declaration or By-Laws or by law, a higher percentage vote is required.

 

ARTICLE IV

OPERATION OF THE PROPERTY

 

Section 1. Determination of Common Expenses and Fixing of Common Charges. The Board of Managers shall, from time to time, and at least annually, prepare a budget for the Condominium and determine the amount of Common Charges payable by the Unit Owners to meet the Common Expenses of the Condominium, and allocate and assess such Common Charges among the Unit Owners, according to their respective Common Interests. The Board of Managers shall advise all Unit Owners promptly, in writing, of the amount of Common Charges payable by each of them respectively, as determined by the Board of Managers, as aforesaid, and shall furnish copies of each budget on which such Common Charges are based to all Unit Owners and to their mortgagees upon request. The Common Expenses shall include, among other things:

 

a. The cost of operations, repairs and maintenance of the Common Areas and of the limited Common Areas.

b. The cost of all insurance premiums on all policies of insurance required to be or which have been obtained by the Board of Managers, pursuant to the provisions of Section 7 of this Article IV and the fees and expenses of the Insurance Trustee;

c. Such amounts as the Board of Managers may deem proper for the operation of the Condominium including reserves to provide for maintenance, improvements, replacements, working capital, bad debts, depreciation, obsolescence and similar purposes as are deem­ed desirable and the sums necessary to make up any deficit in the Common Expenses for any prior year.
d. Expenses incurred in leasing or otherwise acquiring the right to use, either exclusively or in common with others, recrea­tional or other facilities for the benefit of Unit Owners.
e. Such amounts as may be required for purchase or lease by the Board of Managers, or its designee, corporate or otherwise, on behalf of all Unit Owners, of any Unit whose Owner has elected to sell or lease such Unit, or of any Unit to be acquired by foreclosure proceedings or proceedings in lieu of foreclosure or which is to be sold at judicial sale.
f. Such amounts necessary to provide funding for the long-term plan.

 

Section 2. Payment of Common Charges. All Unit Owners shall be obligated to pay the Common Charges as assessed by the Board of Managers pursuant to provisions of Section 1 of this Article IV at such time or times as the Board of Managers may determine. At its option, the Board may authorize the Common Charges to be collected (monthly, quarterly, semi-annually or annually) by a mortgagee of one of the Units or by any other servicing agent.
No Unit Owner shall be liable for the payment of any part of the Common Charges assessed against his Unit subsequent to a sale, transfer or other conveyance by him (made in accordance with the provisions of Article VI of these By-Laws) of such Unit, together with the appurtenant interests, as defined in Section I of Article V of the Declaration. In addition, any Unit Owners may, subject to the terms and conditions specified in these By-Laws, provided that his Unit is free and clear of liens and encumbrances, other than permissible mortgages and the statutory lien for unpaid Common Charges, convey his Unit, together with the "Appurtenant Interests" to the Board of Managers, or its designee, corporate or otherwise, on behalf of all other Unit Owners, and in such event be exempt from Common Charges thereafter assessed. A purchaser of a Unit shall be liable for the payment of Common Charges assessed and unpaid against such Unit prior to the acquisition by him of such Unit, except that a mortgagee or other purchaser at a foreclosure sale of such Unit shall not be liable for and such Unit shall not be subject to a lien for the payment of Common Charges assessed prior to the foreclosure sale.

 

Section 3. Collection of Assessments. The Board of Managers as provided pursuant to Section 1 of this Article IV shall assess Common Charges against the Unit Owners from time to time, and at least annually, and shall take prompt action to collect any Common Charges due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date of payment thereof.  Any Common Charges which remain unpaid, for more than 30 days from the due date of payment thereof, shall constitute a Default.

 

Section 4. Default in Payment of Common Charges. In the event of any default by any Unit Owner in the payment to the Board of Managers of the Common Charges determined by the Board of Mana­gers such Unit Owner shall be obligated to pay interest at the legal rate on such Common Charges from the due date thereof, together with all expenses, including reasonable attorney's fees incurred by the Board of Managers in any proceedings brought to collect said unpaid Common Charges. The Board of Managers shall have the right and duty to attempt to recover such Common Charges together with the interest thereon, and the expenses of the proceeding including attorney's fees, in an action to recover the same brought against the Unit Owner or by foreclosure of a lien on such Unit under powers granted by Section 339-Z of the Real Property Law of the State of New York.

In the manner provided in Section 339-aa thereof, a Unit Owner defaulting in payment of Common Charges shall not be permitted to vote at any regular or special meeting of Unit Owners and the Board of Managers until the default is cured.


Section 5.  Foreclosure of Lien for Unpaid Common Charges.  In any action brought by the Board of Managers to foreclose a lien on a Unit because of unpaid Common Charges, the Unit Owner shall be required to pay a reasonable rental for the use of this Unit and the plaintiff in such foreclosure action shall be entitled to the appointment of a Receiver to collect the same.  A suit to recover a judgement for unpaid Common Charges shall be maintainable without foreclosing or waiving the lien rights on the same. The Board of Managers acting on behalf of all Unit Owners, shall have power to purchase such Unit at the foreclosure sale and to acquire, hold, lease, mortgage (but not to vote the votes appurtenant to), conveyor otherwise deal with the same.

 

Section 6. Statement of Common Charges. The Board of Managers shall promptly provide any Unit Owner, so requesting the same in writing, with a written statement of all unpaid Common Charges due from such Unit Owner.

 

Section 7. Insurance. The Board of Managers of Unit Owners, as trustee for each of the Unit Owners in the percentages established in the Declaration, shall be required to obtain and maintain to the extent obtainable, without prejudice to the right of each Unit Owner to insure his own Unit for his own benefit, the following insurance policies. This insurance, as aftersaid shall also cover the recrea­tion area:

a. Casualty Loss Insurance. Insurance coverage with respect to casualty losses shall be on an "all-risk" basis or on such other basis as the Board of Managers shall determine. Said insurance
shall insure the Recreation Area, Common Area and Facilities and, to the extent of their value as of the date of the closing of title to each Unit, the fixtures and permanent improvements of each Unit, in an amount sufficient to cover the replacement value thereof. Said insurance shall cover the interest of the Board of Managers and all Unit Owners and their mortgagees, as their respective interests may appear. Each policy shall contain a New York stand­ard mortgagee clause in favor of each mortgagee of a Unit shall pro­vide that the loss, if any, thereunder shall be payable to such mortgagee as its interest may appear, subject, however, to the loss payment provision in favor of the insurance trustee as hereinafter provided.

b. Workmen's Compensation Insurance, if the Condominium has employees.
c. Disability Benefits Insurance, if the Condominium has employees.

d. A Fidelity Bond or Bonds in sufficient amounts to fully protect the interest of the Condominium shall be carried on each member of the Board of Managers, officers of the Condominium, Managing Agent and Managers including any person or persons handling or responsible for funds of the Condominium.
e. Such other insurance as the Board of Managers may determine. All such policies of physical damage shall provide that adjustment of loss shall be made by the Board of Managers.
All policies of physical damage insurance shall contain Waivers of Subrogation and of any reduction of prorata liability of the insurer as a result of any insurance carried by Unit Owners or by Timber Ridge Condominium or of invalidity arising from any acts of the insured or any Unit Owners of Timber Ridge Condominium and shall provide that such policies may not be cancelled or sub­stantially modified without at least ten (10) days prior written notice to all of the insureds, including all mortgagees of Units. Duplicate originals of all policies or physical damage insurance and of all renewals thereof, together with proof of payment of premiums, shall be delivered to all mortgagees of Units at least ten (10) days prior to expiration of the current policies.
The Board of Managers shall also be required to obtain and maintain, to the extent obtainable, public liability insurance, including umbrella coverage, in such limits as the Board of Managers may from time to time deter­mine, covering each member of the Board of Managers, the Managing Agent, the Manager, and each Unit Owner. Such public liability coverage shall also cover cross liability claims of one insured against another. Such policies shall be in a minimum amount of at least $1,000,000 per person, $2,000,000 per occurrence. 
Unit Owners are required to carry Condominium homeowners insurance, including personal liability, of at least $500,000, for their own benefit, provided that all such policies shall contain Waivers of Subrogation and further provided, that the liability of the carrier issuing insurance obtained by the Board of Managers shall not be affected or diminished by reason of any such additional insurance carried by any Unit Owner. Such policies shall be so endorsed as to state that they will in no way conflict with any insurance carried by the Board of Managers.  Proof of insurance must be supplied to the managing agents.

 

Section 8. Insurance Trustee. All insurance obtained by the Board of Managers shall be payable to the Board of Managers as trustee for each of the Unit Owners and/or their mortgagees as their respective interests appear. Notwithstanding the fore­going, however, the Board of Managers may at any time by a majority vote of the Board of Managers, or upon request of any mortgagee holding mortgages on over 30% of the units, cause all insurance policies purchased by them covering property losses to be paid to an insurance trustee. The insurance trustee shall not be liable for the payment of premiums, for failure to renew the policies, for the sufficiency of policies, or for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and to hold them in trust for the benefit of the Unit Owners and their mortgagees. In the event of any damage, the Board of Managers shall cause the damage to the Units and/or the Common Areas and Facilities to be repaired promptly, unless it shall be determined that the damages are not to be repair­ed under the provisions set forth herein. The insurance trustee or the Board of Managers, as the case may be, shall pay for said repairs out of the proceeds of said policies. If the proceeds are insufficient to pay for said repairs, any deficiency shall be a Common Expense. If the damage should be to the Units and the Units are not to be repaired, then the proceeds of the policies shall be held for the Owners of the damaged units and their mortgagees, to be distributed among them as their respective interests appear.

 

Section 9. Proceeds of Insurance Policies. The total proceeds of insurance policies as received by the Board of Managers or the Insurance Trustee shall be distributed as follows:

a. All reasonable expenses of the Insurance Trustee shall be paid first.

b. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be expended for the purposes of said repairs as hereinabove provided. If there are any proceeds remaining after defraying the costs of the Insur­ance Trustee and the costs of the repairs, said proceeds shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee.

c. If it is determined as hereinafter provided, that the damage for which the proceeds are paid shall not be reconstructed or repaired or if there are excess proceeds remaining after a reconstruction and repair, the remaining proceeds shall be distri­buted to the beneficial owners; remittances to the Unit Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such Mortgagee. If it is determined pursuant to Article 25 of the Declaration that the damage is not to be reconstructed or repaired, the proceeds shall be distributed jointly to all Unit Owners, and their mortgagees as their respective interests appear and in the same proportions as each Unit Owner's common interest bears the total common interest of all Unit Owners.

d. In making distribution to the Unit Owners and their mort­gagees, the Insurance Trustee may rely upon a certificate of the Board of Managers of the Condominium as to the name of the Unit Owners and their respective share of the distribution and as to whether or not the Building is to be reconstructed or repaired.

 

Section 10.  When Damaged Property is to be Reconstructed or Repaired.

a. If Common Elements are damaged, they shall be reconstructed or repaired, unless it is determined that the Condominium shall be terminated.
b. If the damaged property is one of the Buildings and if the Units to which 50% or more of the Common Elements are appurtenant and found by the Board of Managers of the Condominium to be tenant­able, the damaged property shall be reconstructed or repaired, unless within 60 days after the casualty it is determined under the Declara­tion that the Condominium shall be terminated.
c. If the damaged property is one of the Buildings and, if the Units to which more than 50% of the Common Elements are appurte­nant, are found by the Board of Managers to not be tenantable the damaged property will be reconstructed or repaired, unless within 60 days after the casualty the Owners of at least 80% of the Units in the entire Condominium agree in writing not to make such repairs or reconstruction.  No mortgagee shall have any right to participate in the determination as to whether or not the damaged property shall be reconstructed or repaired.

Any cost of such repairs and restoration in excess of the insurance proceeds shall constitute a Common Expense and the Board of Managers may assess all the Unit Owners for such deficit as part of the Common Charges.

d. Any repairs and restoration must be substantially in accordance with the Plans and Specifications for the Buildings as originally built or, if not according to the original Plans and Specifications, said reconstruction or repair must be subject to the approval of the Board of Managers.

 

Section 11. Maintenance and Repairs.
a. All maintenance and repairs and replacements to the Common Elements and the Garage Units as defined in the Declaration, and the painting and decorating of the exterior side of the Unit entrance door, garage door and windows shall be made by the Board of Managers and be charged to all the Unit Owners as a Common Expense, except­ing to the extent that same are necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner.
b. All maintenance of and repairs to any Unit, ordinary or extraordinary, and to the doors, including the garage doors, (except painting exterior side of Unit entrance door and garage door), windows (except painting exterior side of windows), electrical (except Common Elements), plumbing (except Common Elements) and heating fixtures and air conditioning within the Unit or belonging to the Unit Owner shall be at the Unit Owner's expense, excepting as otherwise specifically provided herein.

 

Section 12. Responsibilities and Procedures as to Payment For Repairs.

a. If damage occurs to those parts of one Unit for which the responsibility of maintenance and repairs is that of the Unit Owner, then the Unit Owner shall be responsible for the cost of reconstruction and repair after casualty, unless such damage is specifically covered by the Condominium Insurance, in which event the Condominium shall be responsible for said costs. In all instances, the responsibility for actual reconstruction and repair after a casualty shall be that of the Condominium.
b. Immediately after a casualty causing damage to property for which the Condominium has the responsibility of maintenance and repair, the Condominium shall obtain reliable and detailed estimates of the cost necessary to place the damaged property in as good condition as existed before the casualty.

 

Section 13. Additions, Alterations or Improvements by the Board of Managers.

a. Whenever in the Judgment of the Board of Managers an expenditure, and all supplemental items related thereto, not in the approved budget, is in excess of $10,000, said expenditure, and supplemental items related thereto, shall not be made unless they have been approved by a majority of the Unit Owners present and voting at a meeting duly called and held and at which meeting a quorum is present. When said approval has been obtained, all Unit Owners shall be assessed and the cost thereof shall be a Common Charge. Nothing contained in this Section 13 shall be deemed to be a restriction of the authority of the Board of Managers to provide for reasonable maintenance and repairs of the Common Area.

b. Any additions, alterations or improvements costing $10,000 or less may be made by the Board of Managers without approval of the Unit Owners and the cost thereof shall constitute
part of the Common Expense.

c. The $10,000 amount, in “a” and “b” above is for calendar year 2007.  That amount is to be adjusted, annually, by the consumer price index.

 

Section 14. Additions, Alterations or Improvements by the Unit Owners.

No Unit Owners shall make any structural addition, alteration or improvement in or to this Unit without prior written consent of the Board of Managers and the Mortgagee of said Unit. The Board of Managers shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement of a Unit, within 60 days after such request, and failure to do so within the stipulated time shall con­stitute consent by the Board of Managers to the proposed addition, alteration or improvement. Any application to any department of the Village of Mount Kisco, or to any other governmental authority, for a permit to make an addition, alteration or improvement in or to any Unit shall be executed only by the Board of Managers. The application shall not obligate the Board of Managers for any liability to any contractor, sub-contractor or materialmen on account of such addition, alteration or improvement, nor to any person having any claim for injury to person or damage to property arising therefrom.

 

Section 15. Right of Access. Each Unit Owner shall grant a right of access to his Unit to the Manager and/or the Managing Agent and/or any other person authorized by the Board of Managers, the Manager or Managing Agent for the purpose of making inspections or for the purpose of correcting any condition originating in his Unit and threatening another Unit or Common Element or for the purpose of performing necessary installations, alterations, or repairs to the mechanical or electrical services or other Common Elements in his Unit or elsewhere in the building in which the Unit is located, provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner.
In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not. In the event of the exercise of the right of access provided in this Section 15, any costs for repairs shall be borne in accordance with provisions of Section 11 of this Article IV.


Section 16. Use of Common Elements and Facilities. A Unit Owner shall not place or cause to be placed in the lobbies, vesti­bules, stairways or other Common Areas or Common Facilities, any furniture, packages or objects of any kind. The uncovered and unassigned parking area may be used for the parking of automobiles.


Section 17. Electricity, Oil and Water.
a. Electricity shall be supplied by the public utility company serving the area directly to each Unit through a separate meter for each Unit, and each Unit Owner shall be required to pay the bill for electricity consumed or used in his Unit and the Limited Common Area serving his Unit. The electricity serving the general Common Areas shall be metered and the Condominium shall pay all bills for electricity consumed therein as a Common Expense.
b. Oil shall be supplied on a contract basis by an oil distributor. Separate meters for each Unit will measure the amount used by each individual Unit and oil bills will be paid by the indi­vidual Unit Owner.
c. Water shall be supplied by the municipal water company. Separate meters for each Unit will measure the amount of water used by each individual Unit billed by the water company and paid by the individual Unit Owner. Water consumed for Common Areas and the swimming pool will be separately metered and paid by the Board of Managers and treated as a Common Expense.
d. The oil tanks located outside of the units are common property and are maintained and replaced by the Condominium.

 

Section 18. Rules of Conduct. Rules and Regulations con­cerning the use of Units and the Common Elements may be promulgated and amended by the Board of Managers.  A majority vote of Unit Owners at an Annual Meeting or Special Meeting (as per Article III) may overrule the Board. Copies of such Rules and Regulations shall be furnished by the Board of Managers to each Unit Owner prior to the time when same shall become effective. Initial Rules and Regulations, which shall be effective until amended by the Board of Managers, are annexed hereto and made a part hereof as Schedule A.

 

Section 19. Restrictions of Use of Units. In order to provide for a harmonious and congenial occupancy of the Property and for the protection of the values of the Units, the use of Property shall be restricted to and shall be in accordance with the following provisions:

a. The Units shall be used for residences only, except that they may also be used as a professional office by a resident thereof provided such professional use does not violate zoning regulations and further provided that the prior consent of the Board of Managers to such profession use be obtained. The Garage Units shall be used only for the parking of an automobile and related storage.
b. The Common Elements shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to .the use and occupancy of Units.
c. No nuisances shall be allowed on the Property nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the Property by its residents.
d. No immoral, improper, offensive or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having juris­diction thereof shall be observed. Violations of laws, orders, rules regulations or requirements of any governmental agency having juris­diction thereof, relating to any portion of the property, shall be eliminated, by and at the sole expense of the Unit Owners, or the Board of Managers, whichever shall have the obligation to maintain or repair such portion of the Property.
e. No portion of a Unit or other Limited Common Elements appurtenant thereto (other than the entire Unit including the Limited Common Elements appurtenant thereto) may be rented and no transient may be accommodated therein.

 

ARTICLE V
MORTGAGES

Section 1. Notice to the Board of Managers. A Unit Owner, who mortgages his Unit, shall notify the Board of Managers of the name and address of his mortgagee and shall file a conformed copy of the note and mortgage with the Board of Managers. The Board of Managers shall maintain such information in a book entitled "Mortgages of Units".

 

Section 2. Notice of Unpaid Common Charges. The Board of Managers, whenever requested in writing by a mortgagee of a Unit, shall promptly notify any mortgagee of a Unit of such Unit Owner's default, including non-payment of Common Charges in the obligations of such Unit Owner under the Declaration, By-Laws, Rules and Regulations, as the same are amended from time to time, or in any order of the Board of Managers issued with respect thereto.

 

Section 3. Notice of Default. The Board of Managers, when giving notice to a Unit Owner of default in paying Common Charges, or any other default, shall send a copy of such notice to each holder of a mortgage covering such Unit whose name and address has theretofore been furnished to the Board of Managers.

 

Section 4.  Maximum financing.  The maximum, total financing permitted, at the time of purchase or refinancing, is 80% combined loan to value, without Board approval, or 90% combined loan to value, with Board approval.  The Board is authorized to charge a fee to assess an application to exceed 80% financing.

 

Section 4. Examination of Books. Each Unit Owner, and each mortgagee of a Unit, shall be permitted to examine the Books of Account of the Condominium at reasonable times on business days, but not more than once each month.

 

Section 5. Collection and Disbursement of Mortgage Charges. The Board of Managers may require that payment of all mortgage charges by Unit Owners be made to the Managing Agent or Manager, to be held in trust to be disbursed promptly by such Managing Agent or Manager but only to the respective mortgagee. This authority may only be performed with the written consent of the mortgagee.

 

Section 6. Limitation of Mortgage. No Unit Owner shall be permitted to convey, mortgage, pledge, hypothecate, sell, or lease his Unit unless and until he shall have paid all Common Charges theretofore assessed by the Board of Managers against his Unit and until he shall have satisfied all unpaid liens against such Unit, except permitted mortgages.

 

ARTICLE VI

SALES AND LEASES OF UNITS

A Unit Owner may sell his Unit without restriction except as to use provided in Section 19 of Article IV of these By-­Laws.
A Unit Owner may lease his Unit in accordance with the Rules and Regulations prescribed by the Board from time to time.  The Board’s Rules and Regulations may include, among other things, limits on the amount of units that may be leased, at any given time, and the term of any lease. The Board is empowered to charge a reasonable administrative fee as a condition to the leasing of a unit or the renewal of any lease thereof.

 

ARTICLE VII

CONDEMNATION

Section 1. Condemnation. In the event of a taking in condemn­ation or by eminent domain of part or all of the Common Elements, the award made for such taking shall be payable to the Board of Managers.  If 66 2/3% or more of the Unit Owners duly and promptly approve the repair and restoration of such Common Elements, the Board of Managers shall arrange for the repair and restoration of such Common Elements, and the Board of Managers shall disburse the proceeds of such award to the contractors engaged in such repair and restoration in appropriate progress payments. In the event that 66 2/3% or more of Unit Owners do not duly and promptly approve the repair and restora­tion of such Common Elements, the Board of Managers shall disburse the net proceeds of such award in the same manner as they are required to distribute insurance proceeds where there is no repair or restoration of the damage, as provided in Section 9(c) of Article IV of these By-Laws. As used in this Section, the words "promptly approve" shall mean not more than sixty (60) days from the date of such taking.

 

ARTICLE VIII

NOTICE OF LIEN OR SUIT

Section 1. Notice of Lien or Suit. Each Unit Owner shall give notice to the Board of Managers of the Condominium of any lien upon his Unit other than for permitted mortgages, taxes and special assessments within five days after the attaching of a lien. Failure to comply with this paragraph will not affect the validity of any judicial sale. Notice shall also be given to the Board of Managers of every suit or other proceedings which may affect the title to a Unit within five days after the Unit Owner received knowledge of the same.

 

ARTICLE IX

RECORDS

Section 1. Records and Audits. The Board of Managers shall keep detailed records of the actions of the Board of Managers, the Manager and Managing Agent, minutes of the meetings of the Board of Managers, Minutes of the meetings of the Unit Owners, names of the Unit Owners and mortgagees, and financial records and books of account for the Condominium, maintained by the Managing Agent, in­cluding chronological listing of receipts and expenditures, as well as a separate account for each Unit, which among other things, shall contain the amount of each assessment of Common Charges against such Unit, the date when due, the amounts paid thereon, and the balance remaining unpaid. Unless the Unit Owner notifies the Board of Mana­gers of change in ownership, the Board of Managers may rely on the names of Unit Owners appearing on the Municipal Tax Assessor's list as of the last municipal assessment date.

 

Section 2. Architectural and Engineering Records. The Board of Managers shall maintain a complete set of Architectural and Engineering Plans and Specifications of Timber Ridge Condominium as filed with and approved by the Building Inspector of the Village of Mount Kisco, State of New York, together with copies of amendments thereto, as so filed.

 

Section 3. Annual Report. An annual report of the receipts and expenditures of the Board of Managers on behalf of this Condo­minium certified by an independent Certified Public Accountant, shall be rendered by the Board of Managers to all Unit Owners and to all mortgagees of Units whose name appear in the book entitled "Mortgagees of Units", promptly after the end of each fiscal year.

 

ARTICLE X

MISCELLANEOUS

Section 1. Notices. All notices required to be given to the Board of Managers, any Manager, Unit Owner or Mortgagee, pursuant to provisions of the Declaration or of these By-Laws shall not be construed to mean personal service but such notice may be given in writing, by mail, registered or certified, return receipt requested, by depositing the same in a post office or letter box, in a post­paid sealed wrapper, addressed to the Board of Managers, such Manager of Unit Owner or Mortgages at such address as appears on the books of the Condominium.

 

Section 2.Service of Notice-Waiver.  Whenever any notice is to be given under the provisions of the Declaration, or of these By-Laws, a waiver of notice in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof.

 

Section 3. Invalidity. The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability or affect the balance of these By-Laws.

 

Section 4. Captions. The Captions inserted herein are inserted only as a matter of convenience and for reference and do not define, limit, or describe, the scope of these By-Laws or the intent of any provision thereof.

 

Section 5. Waiver. No restriction, condition, obligation or covenant contained in these By-Laws shall be deemed to have been abrogated or waived by reason of the failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

 

Section 6. Gender. The use of the masculine gender in these By-laws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires.

 

Section 7. Votes in the event of Joint Ownership of a Unit.  In the event a Unit is owned by more than one person, and such per­sons cannot agree upon how to exercise their right to vote under these By-Laws, each person shall have a vote equal to his or her proportionate ownership of the Unit itself. A co-owner of a Unit may permit the other co-owner of the Unit to vote his or her inter­est by furnishing the other co-owner with a proxy. In the absence of any co-owner or such proxy, a vote for the entire Unit cast by a co-owner shall be deemed to be a valid proxy of the absent co-­owner.

 

ARTICLE XI

AMENDMENTS TO THE BY-LAWS

Section 1. Amendments to By-Laws. These By-Laws may be modified or amended by vote of 66 2/3% in number and in common interest of all Unit Owners at a meeting of Unit Owners duly held for such purpose. 

 

ARTICLE XII

CONFLICTS

Section 1. Conflicts. These By-Laws are set forth to comply with the requirements of Article 9-B of the Real Property Law of the State of New York. In case of any conflict between these By-Laws and Article 9-B of the Real Property Law of the State of New York, or of the Declaration, the provisions of said statute or of the Declaration, as the case may be, shall control.

 

ARTICLE XIII

PERSONAL APPLICATION

Section 1. Personal Application. All present and future Unit Owners, Mortgagees, Lessees, and occupants of the Units and their employees, and any other person who may use the facilities of the Condominium in any manner, are subject to these By-Laws, the Declara­tion and to the Rules and Regulations established by the Board of Managers as hereinafter set forth. The acceptance of a Deed of Convey­ance, of the entering into of a lease, or the act of occupancy of a Unit, shall constitute an agreement that these By-Laws, the Rules and Regulations, and the provisions of the Declaration, as they may be amended from time to time, are accepted, ratified, and will be complied with.

 

SCHEDULE A

TO THE BY-LAWS

 

RULES AND REGULATIONS FOR TIMBER RIDGE CONDOMINIUM

1. The Units shall be used for singly family residence only, except that they may be used as professional offices by a resident thereof provided such professional use does not violate zoning regulations and provided further that the prior consent of the Board of Managers to such pro­fessional use is obtained. The Garages and Parking Spaces shall be used only for the parking of an automobile.


2. There shall be no obstruction of the Common Facilities nor shall anything be stored in the Common Facilities without the prior consent of the Board of Managers, except as here­inafter expressly provided. Each Unit Owner shall be obligated to maintain his own Unit and keep it in good order and repair.


3. No acts shall be performed nor any materials of whatsoever nature or description stored in any Unit or the Common Facilities which will increase the rate of insurance of the Buildings or the contents thereof, beyond the rates applicable for Residential Units without prior written consent of the Board of Managers. No Unit Owner shall permit anything to be done or stored in his Unit or in the Common Facilities which will result in the cancellation of insurance on any of the Buildings or the contents
thereof or which would be in violation of any law. No waste shall be committed in the Common Facilities.


4. Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of any of the Buildings, and no signs, awnings, canopies, shutters or radio or television antennae shall be affixed to or placed upon the exterior walls or roofs or any part thereof without the prior consent of the Board of Managers.


5. No animals, livestock or poultry of any kind shall be raised, bred or kept in any Unit or in the Common Facilities except that dogs, cats, or other household pet, not to exceed two per Unit, may be kept in the Units subject to the Rules and Regulations to be adopted by the Board of Managers provided they are not kept, bred or maintained for any commercial purposes and provided, further, that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the property upon ten days written notice from the Board of Managers.

 

6. No noxious or offensive activities shall be carried on in any Unit or in the Common Facilities nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance to the other Unit Owners or occupants.

 

7. No acts shall be performed upon or to any Unit, or on or in the Common Facilities, which will impair the structural integrity of the Buildings or which will structurally change the Buildings.

 

8. No clothes, sheets, blankets, laundry of any kind, or any other article, shall be hung out or exposed on any part of the Common Facilities. The Common Facilities shall be kept free and clear of rubbish, debris and other unsightly materials.

 

9. The use of the Common Facilities and Recreational or other facilities acquired by the Board of Managers by lease or otherwise, by all the Unit Owners and all other persons authorized to use the same, shall be subject at all times to the By-Laws and such Rules and Regulations as may be prescribed and established governing such use, or which may be hereafter prescribed and established by the Board of Managers.


10. No industry, business, trade, occupation or profession of any kind, be it commercial, religious, educational or other­wise, may be conducted, maintained or permitted on any part of the Property. No use or practice shall be permitted on any part of the Property which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents. All valid laws, zoning ordinances and regulations of governmental bodies having Jurisdiction thereof shall be observed.


11. The Board of Managers shall have the power to make and amend such Regulations as may be necessary to carry out the intent of these use restrictions and to amend these restrictions.


12. Each Unit Owner shall be entitled to share in any surplus over and above a reasonable reserve established by the Board of Managers of the Condominium, and shall be liable for Common Expenses in the same percentage as the individual Unit Owner has in the undivided interest of the Common Elements and Facilities.

 

13. The Board of Managers shall have the right to levy, without further legal action, liquidated charges for violations of these regulations and such other rules and regulations which may be duly adopted by it. For each day that a violation continues after notice, it shall be considered a separate violation.  Any charge so levied is to be collected as a Common Charge against the particular Unit Owner involved, and collection may be enforced by the Board of Managers in the same manner as it is entitled to enforce collection of Common Charges. Such levy of charges shall not replace or abrogate any action for damages of injunctive relief as provided by law.

 

14. No one, no unit owner, no one hired by or retained by a unit owner, no guest or tenant may make any additions, alterations, improvements, replacements or changes whatsoever, structural or non-structural, to the exterior of a unit or garage, whether a part of the Common Elements or not, without the prior written consent of the Board of Managers.  The exterior of a unit includes, but is not limited to siding, foundation, windows, doors, roof, garage door, front porch, rear deck, mail box, door frames, window frames, chimney and exterior light fixtures.

 

15. Garbage must be placed in durable plastic or metal containers with a securely fastened lid.  No plastic bags are to be used unless placed inside said container.

 

16. All common charges must be received by the designated agent on or before the 10th of each month for which payment is due.  Unit owners will be notified in writing of any change in the designated agent. 

 

17. Additions, alterations, improvements, or any changes whatsoever may not be made to a Common Element nor can anything be constructed in or upon, or removed from a Common Element without the prior written consent of the Board of Managers.

 

18. A Unit Owner may not store more than one cord of wood (4’ x 8’ x 4’).  Wood may not be stored in a Unit or in the garage.  Wood stored must be kept in the rear of the owner’s unit at least three (3) feet from the building.  However, wood may be stored on a porch or deck if it is placed on a metal log hoop so that the wood does not touch the adjacent walls or floors.

 

19. Vehicles may not be parked at any time in those areas designated as “No Parking” zones on the attached site plan.  From November 15 through April 1, vehicles may be parked only in garages or designated parking spaces.  Unit owners are responsible for illegally parked vehicles belonging to their visitors.

 

20. Dogs may neither be let loose on Timber Ridge Property, nor walked without a leash.

 

21. Prohibition of canine waste. No person owning, harboring, keeping, walking or having custody or control of a dog, shall cause, permit, suffer or allow such dog to soil, defile, defecate on or commit any nuisance in any Common Area (as such term is defined in the Decla­ration of Condominium), including, but not limited to any common thoroughfare, sidewalk, passageway, recreation area or green area. Each and every person as set forth above shall be responsible for immediately removing all feces deposited by such dog by using scoops, shovels, brooms, togs or any similar implement and thereafter deposited in a container used for refuse disposal only. In no event shall any feces be deposited in sewers or drains. 

 

 

* Taken verbatim from the Timber Ridge Condominium By-Laws provided by The Board of Managers.